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  1. #1
    Join Date
    Nov 2019

    Default New State WC Claim, Years After Federal Worker Settlement

    My case might be complex…. not sure.

    I'm looking for some answers(/direction?) but this required some explanation (bare with me):

    I was a new "-ish" federal worker, in foreign service in 2007. I worked very hard to get the very competitive position, my family and I sacrificed a great deal for it. I had a very good level of income of which promised more every year (due to my specialty and imminent hazard pay). Before I was a fully vested federal employee (<5yrs), I suffered a life-changing spinal injury in Baghdad, Iraq in the line of duty. After 5yrs of TTD (2012), it was determined I had reached MMI of which did not allow me to return to my previous work. As the MMI determination came close, I secured counsel of whom was very motivated to settle quickly (settlement was about 2yrs of my post tax earnings). I was ignorant to agree but that is now water under the bridge and long past fixing…

    I used the majority of the settlement money to invest in my physically being capable of returning to a similar kind of work. Personal trainers, hormone therapy, stem cells, etc., etc…. All of the things the Dept. of Labor was not going to pay for, I paid with the settlement. Eventually, I was able to go back to similar work but making significantly less (about 65%) and not as a federal employee (no federal benefits of course). After continuing to pursue similar lines of work for 5yrs, I was forced to face reality. Even though I was willing to take the risk I might no longer be able to meet the high physical demands of my job, continuing to make failed attempts might impact others on the job and place them in genuine danger (doing a very dangerous civilian job, colocated with US military in combat operations). So I resigned and sought other work domestically, at home in California…

    As part of my previous job, I was also required to also hold a paramedic license. A local paramedic employer made me an offer and I accepted a position paying me about half again my previous job (now about 30% of my original job).

    After working for the paramedic employer over a year, I injured my back during a rescue. Not the same part as previously injured but still, the back. I was on modified duty a month and attempted to return to the field, re-injuring myself after a week. I was again on modified duty for 3 more months before returning to the field. I suffered another back injury during a rescue 90 days later. I am again on modified duty. Now I have significant neurological problems distal to the injury. This tells me the injury is much worse than 6 months ago and in a totally different location than the original injury in 2007.

    Now with all this information, my question is this:
    Having already had a permanent disability worker settlement with Dept. of Labor (2012), how will this impact a potential for a state settlement of my current injury? I've been working on the previous injuries for over 7 years (I have always given full disclosure of and never concealed my previous injuries when asked - don't ever want to get caught omitting/lying).
    Last edited by docsucio; 11-16-2019 at 02:39 PM. Reason: Typo

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